My soon-to-be ex husband has missed 51% of his time with our son since our court hearing in March. My lawyer I had for that hearing told me to keep a record of when he’s late or doesn’t show up. Is

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My soon-to-be ex husband has missed 51% of his time with our son since our court hearing in March. My lawyer I had for that hearing told me to keep a record of when he’s late or doesn’t show up. Is

My soon-to-be ex husband has missed 51% of his time with our son since our court hearing in March. My lawyer I had for that hearing told me to keep a record of when he’s late or doesn’t show up. Is it possible to ask for back child support for the time he’s missed? He already has back pay to pay but do judges award back pay for all the time he’s missed since it’s a significant amount of time? I don’t want to request it if it’s not something they award.

Asked on August 30, 2012 under Family Law, California

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Child support is set by formula-- which is usually based on the income of the person paying the support obligation and the number of children they are required to support.  The court can also factor in special needs of the child.  For example, if the child had to receive special medical treatments each month, the court could award a larger payment to offset higher expenses.  However, the courts do not usually penalize parents monetarily for failing to exercise their visitation.  What the court can do, is modify the visitation schedule such that the child is not being emotionally abused by the constant no-shows.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country there is no "penalty" per se for a parent who simply misses the time he or she is allowed to have with the child. The "penalty" for all intents and purposes is the loss of quality time that the parent normally would have had with his or her child and the long term effects such will have on the relationship in later years.


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